Legal Summons & Complaint Form

LEGAL SUMMONS & COMPLAINT FORM

Court Name:    Case No.:

Plaintiff Name:    Plaintiff Address:

Defendant Name:    Defendant Address:

RECITALS

WHEREAS, Plaintiff is a natural person or legal entity having the capacity to sue and be sued and is the party asserting the claims set forth herein; and

WHEREAS, Defendant is alleged to have committed the acts or omissions described below within the territorial and subject matter jurisdiction of this Court; and

WHEREAS, Plaintiff seeks the relief specified in the Prayer for Relief, including monetary damages, declaratory relief, injunctive relief, and costs of suit.

NOW, THEREFORE

Plaintiff brings this Complaint against Defendant and alleges, upon knowledge when appropriate and otherwise upon information and belief, as follows:

1. JURISDICTION AND VENUE

1.1 This Court has jurisdiction over the subject matter of this action pursuant to the laws applicable to the claims asserted herein because the controversy arises from acts and omissions within this jurisdiction and the amount in controversy exceeds the minimum statutory threshold where required.

1.2 Venue is proper in this Court because the events giving rise to the claims occurred in this county and Defendant resides or conducts business in this county.

2. PARTIES

2.1 Plaintiff: is the individual or entity that suffered injury and seeks relief herein.

2.2 Defendant: is the party alleged to be responsible for the acts and omissions described below.

3. STATEMENT OF FACTS

The following factual allegations are set forth in numbered paragraphs for clarity and shall be incorporated into each cause of action where appropriate.

4. CAUSES OF ACTION

COUNT I — . Plaintiff realleges the foregoing paragraphs and further avers that:

COUNT II — . Plaintiff realleges the foregoing paragraphs and further avers that:

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court enter judgment in Plaintiff's favor and award the following relief:

1. Compensatory damages in an amount to be proven at trial, but not less than $;
2. Costs of suit and reasonable attorney's fees as permitted by law;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Declaratory relief as the Court deems appropriate;
5. Preliminary and permanent injunctive relief as necessary to prevent further harm; and
6. Such other and further relief as the Court deems just and proper.

Jury Demand: Plaintiff hereby demands a trial by jury on all issues so triable.

6. SUMMONS AND NOTICE TO DEFENDANT

Defendant is hereby notified that service of process must be effected in accordance with applicable rules. Defendant must appear, answer, or otherwise respond within of service, or judgment by default may be entered against Defendant for the relief demanded in this Complaint.

Proof of service shall be filed with the Court and served upon Plaintiff's counsel within the time prescribed by rule.

7. VERIFICATION

I declare under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of my knowledge, information, and belief.

Verified By (Name):

Position / Title:

Date of Verification:

8. NOTICES; AMENDMENTS; WAIVER

All notices required or permitted hereunder shall be in writing and delivered to the addresses set forth above or such other address as a party may designate by written notice. Any party may amend this Complaint as permitted by the rules of civil procedure. The failure of a party to enforce any provision of this Complaint shall not constitute a waiver of that party's right to enforce the provision thereafter.

9. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Complaint shall be governed by and construed in accordance with the substantive laws of the state where the Court is located, without regard to conflict of laws principles. If any provision of this pleading is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Complaint, together with any exhibits attached hereto, constitutes the entire statement of claims asserted by Plaintiff and supersedes any prior or contemporaneous oral or written statements relating to the claims.

10. COUNTERPARTS

This document may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as originals for all purposes.

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